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(영문) 수원지방법원 2015.04.03 2014나21745
리스채무금 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Under Article 20 (Cancellation of Contracts by Financial Companies) (2) In the event that the customer delays monthly rent two consecutive times or more, the financial company may terminate the contract after notifying the customer not later than three business days prior to the date on which the contract is terminated and claim the return of the motor vehicle. If the customer fails to notify the customer three business days prior to the date on which the contract is terminated, the date on which three business days prior to the date on which the actual notification is delivered shall be the date of termination of the contract

(4) Where a contract is terminated due to the occurrence of a cause under this Article, the customer shall pay the damage incurred to the financial company for the early termination fee or stipulated loss under Articles 24 and 25 according to the method of handling the motor vehicle.

Article 22 (Termination of Lease Contract) (2) In the event of early termination under Article 20, the customer shall pay the fees and damages for early termination under Articles 24 and 25, and shall compensate for damages arising during the lease period in addition to the burden of all fees for the transfer of ownership of a motor vehicle and the cancellation of the collateral security.

Article 24 (Aggravated Termination Fee) (1) In case of returning a motor vehicle for earlier termination, the customer shall pay the fees for earlier termination as determined by the financial company to the extent permitted by the Acts and subordinate statutes.

1. In the case of this case, where the selection of "rest selection" has not been made on the front deferment type of this Agreement (in the case of this case), earlier termination commission = (in the case of this case, the presumed residual value of residual rental fees) ¡¿ fee rate (30%) ¡¿ residual lease fee rate (monthly lease rate x 12)/365 】 Number of days elapsed

A. On January 19, 2013, the Plaintiff entered into a lease agreement with a grassland fishery partnership (hereinafter “instant lease agreement”) with the terms and conditions as follows: (a) the period of lease 36 months; (b) the lease fee of KRW 587,300 per month; (c) the rate of delay damages; (d) the remaining value of KRW 12,376,00; and (e) the lease agreement with the following terms and conditions (hereinafter “instant lease agreement”).

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